I Was Partially at Fault for My New York Car Accident. Now What?
Car accidents are among the most common and dangerous types of accidents you can have, especially in the state of New York. Every year, the state sees approximately 1,098 deaths from traffic-related injuries. In other words, 5.6 of every 100,000 New Yorkers become casualties of auto accidents every year. Even “less serious” accidents can have serious repercussions. Auto accident claims, for example, may demand a lot of time and energy from all involved parties.
When it comes to car insurance, New York is a “no-fault” state. Any driver involved in an accident can rely on their insurance policy to cover any injury claims, regardless of whether or not they were at fault. Drivers’ policies also cover any injured passengers in their car. However, there are certain situations where driver liability may come into play.
“No-Fault” With Limits
However, not even “no-fault” systems are without their limits. It is entirely possible, for instance, for an injured party to have suffered losses that exceed the available insurance 
coverage. Additionally, certain losses may be unrecoverable through state insurance. These losses may include (but are not limited to) emotional suffering, loss of consortium, or post-traumatic stress disorder.
Under Article 51 of the New York Insurance Law, a plaintiff in a personal injury case may be able to pursue damages beyond “no-fault” limitations. However, certain circumstances must apply. For instance, the defendant’s negligence must have been the direct cause of the plaintiff’s injuries. Additionally, the plaintiff must have incurred at least $50,000 in economic losses. Alternatively, the plaintiff may be determined to have suffered a “serious injury.”
Serious Injury
You may be wondering what constitutes a “serious injury.” In general, the term encompasses the following conditions: (1) death; (2) dismemberment; (3) fracture; (4) loss of a fetus; (5) permanent consequential limitation of a body organ or member; (6) permanent loss of use of a body organ, member, function, or system; or (7) significant limitation of use of a body function.
According to the case of Licari v. Elliott, the term may also refer to any “medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.”
However, if you are determined to be at least partially at-fault for the accident, the state will follow the pure comparative negligence rule. The percentage of your liability will be reduced from your final settlement accordingly. You will still receive compensation unless you are determined to be entirely at-fault for the accident.
Seeking Legal Help
If you or a loved one were recently involved in a car accident, we at Gattuso & Ciottoli, PLLC may be able to help. Contact us today to schedule a free consultation with one of our experienced New York auto accident attorneys. We draw on over 50 years of combined legal experience to serve you as best we can. We proudly serve the Central New York area, including Syracuse, Syracuse, Watertown, Binghamton, North Syracuse, Camillus, Liverpool, Cortland, and Auburn.